Slides Part 02 Copyright Law for Digital teaching and Learning May 2014

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Slides Part 02 Copyright Law for Digital teaching and Learning May 2014

  1. 1. 1 Darius Whelan UCC May 2014 Further Aspects of Copyright Law for Digital Teaching and Learning
  2. 2. What is Creative Commons? • Non-profit corporation based in California • Founded on notion that some people may not want to exercise all of the intellectual property rights the law affords them. • Believes there is an unmet demand for an easy way to tell the world "Some rights reserved" or even "No rights reserved." • Many people want to share their work - and the power to reuse, modify, and distribute their work - with others on generous terms. • Creative Commons intends to help people express this preference for sharing by offering the world a set of licenses on its site, at no charge. • UCC Law Faculty is Irish Partner • Website: www.creativecommonsireland.org • Focus of Creative Commons is on content (e.g. video, music, written material) rather than software 2
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  8. 8. 9 This means “More Actions”
  9. 9. • To download picture, select … [More Actions] • Download/ All Sizes • Choose the size you want and then choose ‘download’ 10
  10. 10. Other sites with Creative Commons material • YouTube • Google Advanced Search – see ‘usage rights’ section • Google Images Advanced Search • Europeana • search.creativecommons.org 11
  11. 11. Important to attribute work • Samples from Slideshare 12
  12. 12. 13 photo CC BY martinak15 from Flickr
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  14. 14. The idea/expression dichotomy • Copyright extends to expression of ideas not the ideas themselves • S.17(3) Copyright protection shall not extend to the ideas and principles which underlie any element of a work, procedures, methods of operation or mathematical concepts …. 15
  15. 15. • Principles are not copyright • US case-law: facts are not copyright (Feist case) • E.g. Historical facts are not copyright • Even a historical theory is not copyright if it is presented as a fact • U.S. merger doctrine: When a limited set of words is needed to express an idea, anyone is free to use the set of words. 16
  16. 16. Incidental inclusion • 52.—(1) The copyright in a work is not infringed by its inclusion in an incidental manner in another work. 17
  17. 17. Other areas of law • Trademarks • Patents • Data Protection • Privacy 18
  18. 18. Open Access Publishing • Providing unrestricted access to scholarly work 19 Green – Author publishes in journal (which might not be open access) and self-archives elsewhere, e.g. CORA Gold: Author publishes in open access journal - Not possible if journal does not permit
  19. 19. • Irish Research Council draft Open Access Policy – http://research.ie/aboutus/open-access • Research Councils UK Open Access Policy – www.rcuk.ac.uk/research/Pages/outputs.aspx 20
  20. 20. Free and Open Source Licences 21 • See www.oss-watch.ac.uk • Open Source Software – Source code is viewable to all – Software may be distributed and changed – E.g. Mozilla Firefox • Free Software – People are free to run program for any purpose, study how program works, change it, redistribute copies, improve it, release improvements to the public – E.g. GNU General Public Licence, Apache Licence
  21. 21. • Permissive licences - do not seek to control how modified code is licensed. Modified code can form basis of closed source product • Copyleft licences - offer right to distribute copies and modified versions of work and require same rights be preserved in modified versions of the work – Strong copyleft: If modified code is produced, the software as a whole must be distributed under original licence – Weak copyleft: If modified code is produced, some parts of the software must be distributed under original licence while other parts may be distributed under other licences 22
  22. 22. • Free Culture Licences – Principles of free software applied to content – Include CC BY and CC BY SA 23
  23. 23. • If using free / open source software, comply with terms of licence • E.g. if distributing or adapting software, give credit to original authors of software 24
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  25. 25. Sources to consult • Robert Clark, Shane Smyth and Niamh Hall, Intellectual Property Law in Ireland, 3rd ed. (2010) • JISC: Legal Guidance for ICT Use in Education, Research and External Engagement – www.jisclegal.ac.uk • Jane Secker, Copyright and e-Learning: A Guide for Practitioners (London: Facet Publishing, 2010) 26
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  27. 27. 28 Photo CC BY dbrekke from Flickr

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